INTRODUCTION AND BRIEF DESCRIPTION
A person who has previously agreed to an undertaking can apply for a new order before their next appearance.
SECTION WORDING
499(3) A person who has entered into an undertaking under subsection (2) may, at any time before or at his or her appearance pursuant to a promise to appear or recognizance, apply to a justice for an order under subsection 515(1) to replace his or her undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person.
EXPLANATION
Section 499(3) of the Criminal Code of Canada pertains to individuals who have entered into an undertaking under subsection (2) or who have promised to appear in court or signed a recognizance. It provides these individuals with the option to apply to a justice for an order under subsection 515(1) to replace their undertaking. Section 515 outlines the conditions for release from custody on bail, which includes the requirement that the accused be present in court or before a justice to have their detention reviewed. In the case of someone who has previously entered into an undertaking and wishes to replace it, section 499(3) allows them to apply to a justice for an order, which is governed by section 515 with appropriate modifications, such as the requirement to appear in court or before a justice. By using section 515 as a framework, the justice can assess the risk that the individual poses if released, as well as any conditions that might be necessary to ensure public safety. Overall, this section of the Criminal Code provides individuals who have entered into an undertaking with the opportunity to have their release conditions re-evaluated by a justice. This allows for a fair and timely assessment of the individual’s risk for re-offending and public safety, which is paramount in cases where individuals are accused of criminal wrongdoing and require supervision during their release.
COMMENTARY
Section 499(3) of the Criminal Code of Canada provides individuals who have entered into an undertaking under subsection (2) with the power to apply to a justice for an order under subsection 515(1) to replace their undertaking. This significant provision provides individuals with the ability to change their undertaking if they wish to do so before their appearance pursuant to a promise to appear or a recognizance. Furthermore, the provision states that section 515 applies to such individuals, with necessary modifications as per the circumstances. This law is essential for individuals who have entered into an undertaking and find that it no longer works for them. It is often useful for individuals who have made mistakes in their previous undertakings or for individuals who want to change their initial requirements as per their circumstances. The ability to make changes at this stage allows the criminal justice system to be more efficient, ensuring that individuals are not bound to undertakings that do not work for them and, consequently, increasing their chances of appearing in court. However, such changes to the individuals' undertakings can only be made under specific circumstances. The section requires a person seeking an order under section 515 to show that it is reasonable under the circumstances to require such an order. Therefore, the law ensures that the changes made to the undertaking are crucial and benefits the individual seeking such an order. This provision also broadens the scope of Section 515 by allowing individuals to make changes to the undertaking before or during the appearance pursuant to a promise to appear or recognizance. It is essential for the criminal justice system to have such provisions in place as it helps prevent individuals from being in breach of their undertakings. Such a provision is useful, considering that circumstances can change, and individuals may require adjustments to their initial undertaking. Moreover, the section highlights the importance of judicial discretion. The necessary modifications can vary, depending on the specific circumstances of each case. Thus, the judicial officer's discretion is critical, especially when considering varying circumstances. This provision allows judicial discretion to be exercised if it is deemed fit to modify certain conditions of the initial undertaking. In conclusion, Section 499(3) of the Criminal Code of Canada is a useful provision that allows individuals to make changes to their undertakings before or during the appearance pursuant to a promise to appear or recognizance. This provision recognizes that individuals' circumstances may change, and therefore, their undertakings may need modification. It is an essential provision as it ensures individuals have the ability to change their undertakings without fear of violating their initial condition. Furthermore, it broadens the scope of Section 515, allowing individuals to make changes during their appearance. The provision also highlights the importance of judicial discretion when applying modifications to individuals' undertakings, recognizing each case's specific circumstances.
STRATEGY
Section 499(3) of the Criminal Code of Canada provides an opportunity for an accused person who has entered into an undertaking under subsection (2) to apply for an order under subsection 515(1) to replace their undertaking. This presents a strategic opportunity for both the accused person and their lawyer to consider their options and make decisions that could have a significant impact on their case. One of the key strategic considerations when dealing with this section is timing. The accused person must apply for the order before their appearance pursuant to a promise to appear or recognizance. This means that it is important for the accused person and their lawyer to carefully consider when to make the application. In some cases, it may be advantageous to make the application as soon as possible, while in other cases it may be better to wait until more information is available or until closer to the appearance date. Another important consideration is the strength of the case against the accused person. If the case against them is strong, it may be more difficult to obtain an order under subsection 515(1). On the other hand, if the case against them is weak, there may be a better chance of success. The accused person and their lawyer must carefully evaluate the strength of the case and determine whether it is worth applying for the order. When making the application, the accused person and their lawyer must also consider what conditions they want to be included in the order. For example, they may request that they be released without conditions, or they may request certain conditions such as a curfew or a requirement to report to a probation officer. The conditions that are included in the order can have a significant impact on the accused person's life and their ability to defend themselves against the charges. In addition to these considerations, there are several strategies that could be employed when dealing with this section of the Criminal Code of Canada. For example, the accused person and their lawyer could seek the assistance of an expert witness to provide evidence regarding the accused person's suitability for release. They could also seek the assistance of a mediator to help resolve any issues between the accused person and the Crown prosecutor. Overall, section 499(3) of the Criminal Code of Canada presents a strategic opportunity for accused persons and their lawyers to make decisions that could impact the outcome of their case. By carefully considering the timing of the application, the strength of the case against them, and the conditions they want included in the order, they can make informed decisions that could help them achieve a more favorable outcome.